Madras High CourtCRL OP(MD)/1791/2022allowed

Seemaichamy v. The Deputy Superintendent Of Police

2022-02-01Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.Seemaichamy 2.Muthaiah 3.Ayyankalai 4.Chinnathambi 5.Chinnachamy 6.Jeyakumar 7.Paramasivam @ Paraman 8.Sulthan Alavuthin 9.Chinnamani 10.Nanthakumar @ Senthil 11.Selvakumar 12.Alagarsamy 13.Munish @ Munichamy ... Petitioners /Accused Nos.1,2,4 to 14 vs.

1.Deputy Superintendent of Police, Melur Sub-Division, Madurai District.

2.The Inspector of Police, Melavalavu Police Station, Madurai District.

...1st and 2nd respondents / Complainants 3.Muthu ... 3rd respondent / defacto complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.PC, to call for the records pertaining to Spl SC No.230 of 2021 on the file of the III Additional District Judge (PCR), Madurai and quash the same as illegal.

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For Petitioners : Mr.A.Vadivel For Respondents : Mr.M.Sakthikumar Government Advocate (crl.side) for R1 & R2 For R-3 : Mr.K.Pandiyarajan

ORDER

This criminal original petition has been filed to quash the impugned proceedings. The parties have filed a compromise memo. The defacto complainant undertakes to refund the compensation amount received from the department. The department concerned shall accept the refund to be made by the defacto complainant. It shall be done within a period of four weeks from the date of receipt of copy of this order. The second respondent is directed to verify the refund and file a report before the Registry. Since the parties have chosen to burry the hatchet, continuation of the impugned prosecution will amount to an abuse of legal process. 2.The criminal original petition is allowed.

Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) Skm Enclosed herewith Copy of the Joint Compromise Memo Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The III Additional District Judge (PCR), Madurai. 2.The Deputy Superintendent of Police, Melur Sub-Division, Madurai District.

3.The Inspector of Police, Melavalavu Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy to:

1.The District Collector, Madurai District, Madurai.

2.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.VADIVEL, Advocate ( SR-3747[F] dated 02/02/2022 ) 01.02.2022 RD(24.02.2022) 3P 8C 3/3